0001564590-16-025695 Sample Contracts

Amendment to Subordination Agreement
Subordination Agreement • October 6th, 2016 • Xtera Communications, Inc. • Telephone & telegraph apparatus

This Amendment to Subordination Agreement (this “Amendment”) is executed, jointly and severally, by the above-named Creditors (collectively referred to herein as “Creditor”) and HORIZON TECHNOLOGY FINANCE CORPORATION (“Horizon”), whose address is 312 Farmington Avenue, Farmington, CT 06032, with respect to the above-named Borrower (collectively referred to herein as “Borrower” or “the Borrower”). Creditor and Horizon are parties to a certain Subordination Agreement, dated September 13, 2106 (as amended, restated, supplemented, or otherwise modified from time to time, the “Subordination Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Subordination Agreement.

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LIMITED WAIVER AND TWELFTH amendment of VENTURE LOAN AND SECURITY AGREEMENT
Venture Loan and Security Agreement • October 6th, 2016 • Xtera Communications, Inc. • Telephone & telegraph apparatus • Connecticut

This TWELFTH AMENDMENT OF VENTURE LOAN AND SECURITY AGREEMENT (this “Agreement”), effective and dated as of September 30, 2016, is entered into by and between Xtera Communications, Inc., a Delaware corporation (“Xtera” or “Borrower”) and Horizon Technology Finance Corporation, a Delaware corporation (“Lender”).

Limited Waiver and Eighth Amendment to Loan Agreement
Loan Agreement • October 6th, 2016 • Xtera Communications, Inc. • Telephone & telegraph apparatus

This Eighth Amendment to Loan Agreement (this “Amendment”) is entered into between Pacific Western Bank (“Lender”) and, jointly and severally, the borrowers named above (collectively referred to herein as “Borrower”).

Amendment to Subordination Agreement
Subordination Agreement • October 6th, 2016 • Xtera Communications, Inc. • Telephone & telegraph apparatus

This Amendment to Subordination Agreement (this “Amendment”) is executed, jointly and severally, by the above-named Creditors (collectively referred to herein as “Creditor”) and PACIFIC WESTERN BANK (“Bank”) (successor-in-interest by merger to SQUARE 1 BANK), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, with respect to the above-named Borrowers (collectively referred to herein as “Borrower” or “the Borrower”). Creditor and Bank are parties to a certain Subordination Agreement, dated September 13, 2106 (as amended, restated, supplemented, or otherwise modified from time to time, the “Subordination Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Subordination Agreement.

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